NAIDE DEPANE, Petitioner,
v.
AVALON CARE CENTER VA SALT LAKE, Respondent.
No. 8-09-0208
Utah Workers Compensation Decisions
Utah Labor Commission
November 23, 2020
ORDER
DENYING REQUEST FOR RECONSIDERATION
Jaceson R. Maughan, Utah Labor Commissioner
Naide
Depane asks the Labor Commission to reconsider its prior
decision affirming Judge Newman’s dismissal of Ms.
Depane’s complaint of discrimination against Avalon
Care Center VA Salt Lake (“Avalon”) in violation
of the Utah Antidiscrimination Act, Title 34A, Chapter 5,
Utah Code Annotated.
The
Labor Commission exercises jurisdiction over this matter
pursuant to §63G-4-302 of the Utah Administrative
Procedures Act.
BACKGROUND
AND ISSUES PRESENTED
Ms.
Depane filed a complaint with the Utah Antidiscrimination and
Labor Division (“UALD”) alleging that Avalon
discriminated against her. UALD investigated Ms.
Depane’s complaint and dismissed it after finding no
cause to believe she was subject to the discriminatory
practices alleged. She then filed a request for de novo
review and hearing with the Adjudication Division and the
matter was assigned to Judge Newman.
Leading
up to the scheduled hearing on the complaint, Avalon
attempted to contact Ms. Depane, who was not represented at
the time, regarding her obligations in the discovery process.
Ms. Depane did not respond to Avalon. Avalon then filed a
motion to compel Ms. Depane’s production of initial
disclosures and responses to its discovery requests. Avalon
also moved for sanctions against Ms. Depane for her failure
to comply with her discovery obligations.
On
April 28, 2020, Judge Newman granted Avalon’s motion to
compel and ordered Ms. Depane to provide her initial
disclosures and responses to Avalon’s discovery
requests within seven days or have her complaint dismissed.
As of May 20, 2020, Ms. Depane had still not complied with
Judge Newman’s order compelling her discovery
responses. Judge Newman therefore dismissed Ms.
Depane’s complaint.
Ms.
Depane filed a motion for review of Judge Newman’s
decision, to...
